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1.1. These terms and conditions of use (Terms) apply to your access and use of the Fitness Wonderland Pty Ltd ACN 143 087 307 as trustee for the Fitness Wonderland Trust trading as MoveMedics and/or Voice Physio (MoveMedics, we, us, our) MoveMedics' E-Book, Information sheets, Website (https://movemedics.com.au), Blog and Social Media Posts (including @voice_physio and @movemedics), YouTube (MoveMedics TV), Webinars, Movement Programmes, Online Classes/Courses, and On-Demand Classes/Courses and any other digital materials whether free or paid content (Content).
1.2. By accessing or using the Content, you acknowledge that you have read and understood and agree to be bound by these Terms. If you do not agree to be bound by these Terms, you must immediately stop all further access and use of the Content.
1.3. The Content has been developed in Australia and is intended for persons residing in Australia.
1.4. We may amend these Terms from time to time by posting an updated version of these Terms on the Website, unless the amendment may be materially detrimental to you, in which case we will provide you prior written notice.
In this summary we outline some of the key terms that apply to you. This summary is designed to assist you by disclosing certain terms that affect you. However it is not a substitute for reading and understanding these Terms, and it is not intended to substitute, expand or amend these Terms. Please contact us if you have any questions.
By accessing and/or purchasing Content you signify to us that you accept and agree to these Terms. We will not grant you access to Content, unless and until you signify acceptance of these Terms.
Access to some of our Content may be via a subscription. Once subscribed, you will receive access to the Content subscribed to, for the duration of your subscription. You can cancel or suspend your subscription at any time by emailing us at [email protected].
The Content are aimed at improving movement and performance. The Content is intended for informational and educational purposes only, and do not constitute medical advice, diagnosis or treatment. By accessing and/or purchasing the Content, you warrant that you have sought diagnosis, opinion and treatment of an appropriately qualified medical practitioner before deciding if the Content is right for you. You should not delay, disregard or discontinue seeking medical assistance because of the information provided in the Content. You should always obtain independent medical advice appropriate to your own circumstances before acting or relying on information provided to you in the Content.
Your access to, and use of, the Content is at your own risk. To the fullest extent permitted by law, we exclude any liability including any liability for negligence, for injury, loss or damage arising from or in relation to use of or reliance on information contained in the Content.
We may use and disclose your personal information to enable us to send you marketing communications and information about our services and products, make the Website and/or our services and products available to you and improve the user experience in relation to the Website in accordance with our Privacy Policy: https://movemedics.com.au/privacy-policy/ You can opt-out of any marketing at any time.
2.1. You may access the Website without registering for an Account. However, if you wish to access and/or purchase Content you will need to register for an Account and submit a course registration application (Application).
2.2. You may purchase a right to access and use a particular Content by paying, in the manner specified in this agreement, the Fee or Subscription Fee for that Content.
2.3. On receipt of the Fee or Subscription Fee, we grant to you a non-exclusive, non-transferable, revocable licence to access and use the relevant Content.
2.4. The licence to access and use the relevant Content commences on receipt, in accordance with these Terms, of the Fee or Subscription Fee for the Content.
2.5. Except where otherwise specified on the Website, we will generally grant you:
2.6 We reserve the right to accept or reject your Application for any reason and at any time, including without limitation if the requested Content is not available, if there is a pricing error or if there is an issue with the Content.
3.1. The amount of the Fee or Subscription Fee payable for the Content, as specified on the Website, is:
3.2. Payment of Fees or Subscription Fee may be effected by any of the methods of payment listed on the Website.
3.3. Where a Subscription is available payment of the price for the relevant Content is to be made in instalments via direct debit or as otherwise specified on the Website at the time you submit your Application. You must provide us with current credit or debit card details and you authorise us to debit the then stated fee on the Website from your nominated bank account/card at the time you submit your Application, and on a recurring basis for the period as specified on the Website. You may also choose to make payment by other payment methods specified on the Website. If payment under a Subscription is not made when due, we will attempt to debit your account a second time Should payment fail a second time we reserve the right to suspend your Account.
3.4. You authorise us to make any inquiries we consider necessary to help verify or check your identity or prevent fraud.
3.5. Notwithstanding any other provision of these Terms or statement on the Website, payment of a given amount will not be deemed to have occurred unless and until we receive the relevant amount, in cleared funds.
3.6. Notwithstanding paragraph 3.1, we reserve the right to charge, impose or pass onto you, any surcharge, administration fee or other amount payable as a consequence of agreeing to accept a particular method of payment. To the extent practicable the nature and amount of such surcharge, administration fee or other amount will be specified on the Website.
3.7. You agree to reimburse us for any dishonour fees or like amounts incurred by us as a consequence of a payment made by you being refused or dishonoured by your bank, financial institution or credit provider.
3.8. Please note that we may impose or deduct foreign currency processing costs we incur on or from any payments or payouts made in currencies other than Australian dollars.
3.9. To the extent permitted by law, and except for where our Non-Excludable Obligations apply, all cancellations outside the conditions of clause 12, will be non-refundable.
4.1. The rights to access and use the Content is not transferrable.
4.2. The username and password issued to you is personal to you, and you must ensure that such username and/or password is not distributed, communicated, disclosed or transferred to any other person.
4.3. We assume no responsibility for any loss that you may sustain due to compromise of your account login credentials due to no fault of our own and/or your failure to follow or act on any notices or alerts that we may send to you. If you believe your username or password has been compromised, please contact us immediately. You must not on-supply, or provide access to the Content or any content forming part of the Content to any person(s).
5.1. You must not:
6.1. In order to access and use the Content and its services and features as intended, you must:
6.2. If you do not grant these required permissions and access, you may be unable to access and use the Content or some of its features and services.
6.3. You are responsible for the security of your Device (including any data stored on that Device) and for using appropriate and up-to-date software on your Device to detect and manage the threat posed by viruses and other harmful code.
6.4. You acknowledge and agree that while MoveMedics will make reasonable efforts to ensure the Content's availability, continuity, reliability, accuracy, currency and security, except for the Non-Excludable Obligations MoveMedics makes no representations, warranties or guarantees in relation to the Content. Except to the extent caused or contributed to by us and except for the Non-Excludable Obligations, MoveMedics will not be liable if the Content are temporarily unavailable directly or indirectly as a result of:
7.1. You agree that all rights, title and interest (including all Intellectual Property Rights) in the Content remain vested in MoveMedics. The only rights granted to you by MoveMedics in respect of the Content (and the Intellectual Property Rights subsisting in each of them) are those granted under these Terms.
8.1. MoveMedics agrees that it will collect, store, distribute and communicate 'personal information' (as that term is defined in the Privacy Act 1988 (Cth)), which is provided to it by you, or is otherwise collected by MoveMedics as a result of the access to, and use of, the Content, in accordance with the Privacy Policy.
9.1. Words or expressions used in this clause 9 which are defined in the A New Tax System (Goods and Services Tax) Act 1999 (Cth) have the same meaning in this clause.
9.2. Any consideration or amount to be paid or provided for a supply made under or in connection with this agreement, unless specifically described as GST inclusive, does not include GST payable on that supply.
9.3. If a party (Supplier) makes a supply under or in connection with this agreement on which GST is imposed (not being a supply the consideration for which is specified as GST inclusive):
10.1. We provide Content on an “as-is” basis and make no representations about the suitability, reliability, availability, timeliness, and accuracy of anything contained in the Content for any purpose, to the maximum extent permitted by applicable law. While we take reasonable steps to update the Content and ensure its accuracy, we give no warranty that the Content or information contained therein (whether from third party sources or otherwise) is free from error, current, complete, reliable, suitable for your purposes, or will deliver any particular result. To the fullest extent permissible by law, we disclaim any liability or responsibility for your use of the Content.
10.2. The Content is intended for general informational and educational purposes only. It does not constitute medical advice, diagnosis or treatment and there is no clinician-patient relationship established when you access the Content. You should not use the Content to diagnose, treat or prevent any disease or for any other therapeutic purpose. You should not use the Content as a substitute for advice from a health professional. You should not disregard medical advice, or delay seeking it, because of anything contained in the Content.
10.3. You should always obtain independent medical health advice about the applicability of the Content to you before you commence participation. The Content may not be suitable for everyone. Movements and exercises demonstrated require a base level of fitness, that you are independently mobile and able to exercise unassisted and unsupervised. If you think you may be suffering from any medical condition, you should seek medical attention from an appropriately qualified medical practitioner before accessing the Content. In particular, the Content is not suitable for those with recent injuries, recent motor vehicle accidents, recent surgeries, those with condition that can adversely affects balance such as vertigo, dizziness, whiplash associated disorders, postural hypotension. The Content may not be suitable for those with chronic pain, eye pressure conditions, blood pressure conditions, impaired sensations, neurological conditions. If you are in doubt about the suitability of the Content for you, do not participate.
10.4. You acknowledge that you are solely responsible for following, or not following, or making an assessment of any information that we provide via the Content and that we are not responsible for any loss that you may suffer as a result of use of the Content.
10.5. If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
10.6. You acknowledge and agree that we are based in Australia and make no representation or warranty with respect to whether the Content is appropriate, legal or compliant with law, practices or professional standards of other jurisdictions. If you access the Content from outside Australia, you do so at your own risk and are responsible for compliance with the law of your jurisdiction. You should seek independent advice on the application of the Content in your jurisdiction, including local standards and laws.
10.7. This disclaimer applies to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or your use of our Website.
11.1. To the extent that you acquire goods or services from MoveMedics as a consumer within the meaning of the Australian Consumer Law, you may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement.
11.2. Nothing in this clause 10 operates to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law or any other statute where to do so would:
11.3. Except in relation to Non-Excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under these Terms.
11.4. Subject to clause 11.3, MoveMedics excludes all liability for loss of revenue, loss of goodwill, loss of customers, loss of capital, downtime costs, loss of profit, loss of or damage to reputation, loss under or in relation to any other contract, loss of data, loss of use of data, loss of anticipated savings or benefits, or any indirect, consequential or special loss, damage, cost or expense or other claims for consequential compensation, incurred by or awarded against you under or in any way connected with this agreement.
11.5. This limitation of liability applies to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of our Content.
12.1. You indemnify, and must hold harmless, us and our employees, officers, contractors and agents (together the Indemnified Parties), against all Losses suffered or incurred by the Indemnified Parties in connection with any Claim made by a third party due to or arising out of:
13.1. Without limiting any of its other rights or remedies under these Terms, MoveMedics may immediately suspend your access to Content if you fail to pay any amounts that are due, but unpaid. Such suspension may continue until such time as payment of such amounts is effected in accordance with these Terms.
13.2. MoveMedics may cancel your access to Content if you breach these Terms and fail to remedy the breach within 7 days of receiving notice from MoveMedics.
13.3. To cancel a subscription, you must email us at [email protected]. We will email you to confirm we have received your cancellation. If you are emailing us, please include details of your order to help us to identify it. Your cancellation is effective from the date you send us the email.
13.4. You may cancel a subscription and receive a full refund if we breach these Terms and fail to remedy the breach within 20 days of receiving notice from you.
13.5. If you are not satisfied with Content that is provided by MoveMedics with an express '30 day money back guarantee', you may provide us with notice within 30 days of purchasing the Content for a full refund.
14.1. We may from time to time send you marketing communications and information about our services and products that we consider may be of interest to you. These communications may be sent by email. By providing your email address to us on a registration page (for free or paid Content) or signing up for our blog or newsletter, you indicate your consent to us sending you direct marketing communications about our services and products. Your consent is provided for an indefinite period of time, however you may at any time opt-out of receiving further marketing communications from us by using the opt-out facilities provided in our marketing communications.
15.1. Please be aware that any testimonials in the Content may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
16.1. The Website may contain links and references to other third party websites, apps, services, resources, information, commentaries or blogs over which we have no control. Those links and references are provided for your convenience only, and we are not responsible for their use, effect or content. To the extent permitted by law, we make no representations or warranties as to, and accept no responsibility for, the accuracy of information on or relating to those websites, apps, services, resources, information, commentaries or blogs, nor do we endorse any information, opinions, goods or services referred to on them.
17.1. Our Content may be provided through a platform hosted by third party service providers. Where you acquire the Content from a third party service provider, except to the extent caused or contributed to by us, we shall not be liable to you for any loss, claims or damages however arising in connection with that third party including but not limited to the third party service malfunctioning, internet malfunctioning, the third party terminating our access or your access, natural disasters, hacking, or any other factors that may impact the functioning of our services which are beyond our control.
17.2. You acknowledge and agree that by utilising any third party services through our Website you are bound by the terms and conditions of that third party. Where data is stored on a third party service provider, they will be stored in accordance with that third party’s terms.
17.3. In the event we provide linking services with third parties, you authorise us to undertake to provide details necessary to that third party for the purpose of providing services to you.
18.1. In this document, unless the contrary intention appears:
19.1. No waiver: We do not waive a right, power or remedy in connection with these Terms if we fail to exercise or delay in exercising that right, power or remedy. If the same or similar rights, powers or remedies arise on different occasions, we are not obliged to exercise those rights, powers or remedies in the same way. A waiver of a right, power or remedy must be in writing and signed by us to be effective.
19.2. Governing law and jurisdiction: These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland, Australia and the courts having appeal from them.
19.3. Severability: If any provision (or part of a provision) of these Terms is found to be void, invalid, unlawful or unenforceable, that provision (or part) is deemed to be severed from these Terms to the extent of that voidance, invalidity, unlawfulness or unenforceability without invalidating the remaining provisions. The remaining provisions of these Terms will remain in full force and effect and constitute a binding agreement between you and us.
19.4. Relationship between the parties: Nothing in these Terms constitutes or creates any relationship between the parties as partners, joint venturers or principle and agent or gives rise to any other form of fiduciary relationship between the parties.
19.5. Entire agreement: These Terms, together with the Privacy Policy and any other additional terms which may apply to particular activities when using the Website, constitutes the entire agreement between the parties about its subject matter and supersedes all previous understandings, agreements and warranties between the parties in relation to that subject matter.
19.6. Feedback and complaints: We appreciate your feedback, whether complaints, compliments, queries or suggestions. If you have a question, issue, complaint or any other feedback about our Website or our services or products, please inform us through any of the means on the ‘Contact Us’ section of our Website.
19.7. Dispute resolution: If you have any issue or dispute arising out of these Terms or in relation to the Website or our services or products, you must notify us in writing and use reasonable endeavours to attempt to resolve the matter through discussions or correspondence with us before commencing any court or tribunal proceedings.
19.8. Notices: Any notices given by either party to the other party in connection with these Terms, the Website or the Content must be in writing, in English and signed by the sender (or a person who is a duly authorised representative of the sender). Notices to us must be delivered to us by email to [email protected].
19.9. Contact details: It is your responsibility to ensure that you enter your email address and other contact details correctly when you contact us or submit a client intake form or order any of our services or products. Failure to do so may result in loss or incorrect delivery of our communications, services or products to you.
Last updated: 31 January 2024